Trademark research and guidance
Plain answers to trademark questions, backed by real decisions.
Check whether a name is taken, understand a USPTO refusal, and see how the Trademark Trial and Appeal Board has decided cases like yours. Free to read.
I'm protecting a brand
Choosing and checking a name, filing, answering the USPTO, and dealing with another business.
Start with your situation →For attorneysI'm researching trademark law
Board decisions by du Pont factor, posture and industry, with the weight assigned to the factors the Board addressed, where applicable, and a link to the Board's docket.
Go to attorney research →Common starting points
Is my name already taken?
How to search the USPTO records, what a close result means, and what a federal search misses.
Start here →FilingHow do I register a trademark?
The steps, the fees per class, the choices you make on the form, and how long it takes.
Start here →A USPTO refusalThe USPTO refused my application
Find your refusal, learn what it means, and see your deadline and your options.
Start here →A disputeI got a cease-and-desist letter
What the letter means, what to check before you answer, and when to get a lawyer.
Start here →From the decision library
See what the Board decided, and which factors carried it.
Every decision in the library is broken down the same way: the marks, the goods, the result in plain English, and, where applicable, the du Pont factors the Board weighed. This is a real record.
I'M SMOKING HOT
SMOKIN' HOT SHOW TIME
The Board reversed a refusal to register I'M SMOKING HOT for cosmetics and personal care products, finding that even though the goods overlap with a prior registration for SMOKIN' HOT SHOW TIME (cosmetics, mascara), the two marks are more dissimilar than similar overall and their shared phrase is only somewhat weak, so confusion is not likely.
| du Pont factor | Weight | What the Board found |
|---|---|---|
| 1. Similarity of the marks | Dispositive — Favored Applicant | I'M SMOKING HOT and SMOKIN' HOT SHOW TIME convey different overall impressions, and the shared SMOKIN' HOT element is weak. |
| 2. Relatedness of the goods or services | Favored Refusal | The cosmetics are identical in part. |
| 3. Similarity of trade channels | Favored Refusal | With in-part identical goods, the channels and consumers are presumed to overlap. |
| 4. Conditions of sale and buyer sophistication | Favored Refusal | Inexpensive cosmetics are bought without heightened care, favoring confusion. |
In re FabFitFun, Inc. · 2018
Questions people ask most
Each answer leads with the short version, then what would change it, then the law behind it.
- How much does a trademark cost?
- Do I need a trademark?
- Is another trademark too close to mine?
- What happens after I file, and how long does it take?
- Why was my trademark refused?
- Someone registered my business name. What can I do?
- Does forming an LLC protect my business name?
- Do I need a trademark attorney?
For attorneys
Find the cases. See what mattered.
Browse 178 analyzed Board decisions by du Pont factor, posture and industry, with the outcome and, where applicable, the weight assigned to the factors the Board addressed. Each factor has its own guide to the governing law.
More examples from the library
The Board blocked Bianca Roe’s registration of THE HOTEL EL ROBLAR for hotel services because she had no real intention to use the name when she filed, having offered to sell…
Read the plain summary →El Roblar Investment Property LLC v. Bianca Roe · 2025No later change on its docketBoth SMARTLOCK trademark registrations were cancelledThe Board agreed with the USPTO that the registrations for “evaporative air coolers” were never actually used in commerce because the owner only used SMARTLOCK on…
Read the plain summary →In re Locus Link USA · 2024No later change on its docketThe Board refused BAKKED for an ‘essential oil dispenser’ because the product is actually a cannabis dabbing tool — federal drug-paraphernalia law makes it unlawful in…
Read the plain summary →In re National Concessions Group, Inc. · 2023No later change on its docketHow this research is made
- Attorney-designed method
- Every decision linked to its source
- Methods published
- Review status on every page
A trademark attorney designed the coding rules and the publication standards. The extraction rules prohibit filling missing factual fields with guesses. The plain-English summaries and the factor coding are our interpretation, and every page states whether an attorney has reviewed it. Library as of 2026-09-19.
When you need a trademark attorney
Research tells you where you stand. When you need advice about your own application or dispute, Valet Law, PLLC handles that work, after a conflicts check and a written engagement.
Trademark Valet, LLC operates this platform and is not a law firm. Legal services are provided by Valet Law, PLLC. Nothing on this site creates an attorney-client relationship.
Who checked this
Reviewed and approved by Brandon Leavitt on 2026-10-02.